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Home My WebLink About05-19-09LAW OFFICES OF DILS &DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 232-9724 r•-~ __, ~~ ' _ (7 ~ :~ _ ~ 1 ` t.~ - ..,., _ _ ~,~ _= _, -~.,~ , ~ F, IN RE: JORDAN BRYCE SCHILLAWSKI : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-08-1163 MOTION FOR RECONSIDERATION AND NOW this day of May, 2009 comes Cindy Rigg and Marc Houck, Guardians of the above named child, and respectfully requests the following: 1. Cindy Rigg and Marc Houck, husband and wife, are adult individuals currently residing at 598 Mulberry Drive, Mechanicsburg, PA 17050. 2. The natural mother, Kristin Schillawski is an adult individual currently residing at 1012 Cadillac Street, Syracuse, New York 13208. 3. Richard Schillawski is the natural father of the minor child currently residing at 45 Cayuga Street, Alburn, New York 13021. v 4. Cindy Rigg and Marc Houck are the guardians of the minor child, Jordan Bryce Schillawski by Order of Court dated November 25, 2008. 5. The natural mother filed a Petition for Revocation of Guardian for a Minor and after a hearing with Your Honorable Court, The Honorable Kevin A. Hess, Your Honorable Court entered an Order dated April 29, 2009, a copy of which is attached hereto and marked Exhibit "A". 6. It is respectfully requested on behalf of Cindy Rigg and Marc Houck your Honorable Court reconsider the Order entered Apri129, 2009 and to permit the guardianship of the minor child to continue until such time as a custody action is commenced or, in the alternative, at least until June 9, 2009, which is the conclusion of the school year at the Masonic Homes where the child is currently enrolled. 7. Cindy Rigg and Marc Houck are without funds to pursue a custody action and file an emergency petition with Your Honorable Court regarding custody of the minor child, Jordan Bryce Schillawski. 8. The Order of April 29, 2009 further sets forth the guardians to seek a declaration from an appropriate court in the State of New York concerning jurisdiction. 9. Cindy Rigg and Marc Houck are without funds to retain counsel in the State of New York to obtain this declaration. 10. The mother, Kristen Schillawski, appeared in Court in connection with her Petition for Revocation of Guardian for a Minor; however, the mother was awarded only reasonable and liberal visitation in the State of New York in connection with an Order entered on July 17, 2006. 11. The Order from the State of New York regarding the custodial rights of Kristen Schillawski with her minor son requires mutual agreement between she and the natural father, Richard Schillawski; before she can exercise her reasonable and liberal visitation. 12. Richard Schillawski was awarded primary physical custody of the minor child. 13. Richard Schillawski failed to appear at the time of the hearing on the Petition for Revocation of Guardian for a Minor. 14. Cindy Rigg and Marc Houck are unaware as to the position of the natural father, Richard Schillawski. 15. The current Order entered April 29, 2009 is such that unless a custody action is filed, by May 29, 2009, the minor child is basically in limbo. 16. Cindy Rigg and Marc Houck, are only able to continue to cover the child on their health insurance plan until May 29, 2009. 17. The Masonic Homes and the previous guardians Cindy Rigg and Marc Houck had such a relationship regarding the minor child that the minor child would visit in the home of Cindy Rigg and Marc Houck every other weekend. 18. The Masonic Homes nor Cindy Rigg and Marc Houck have heard from the natural father, Richard Schillawski, as to whether he intends to regain custody of the minor child; however, it is doubtful in that it is believed there are warrants out for the arrest of the natural father in the Commonwealth of Pennsylvania. 19. It is respectfully requested that Your Honorable Court reconsider the Order entered April 29, 2009 and modify said Order to reflect that the guardians, Cindy Rigg and Marc Houck, shall remain as guardians, Jordan Bryce Schillawski, until such time as a custody proceeding may be filed so that the minor child may be covered under the guardians health insurance coverage, as currently being provided, and so that the minor child has a home to visit and may continue to have contact with Cindy Rigg and Marc Houck and their family until further Order of Court is entered regarding custody. 20. It is in the best interest of the minor child that until a custody matter is commenced and a decision made, that Cindy Rigg and Marc Houck continue to act as guardians of the minor child. WHEREFORE, your Movant, Diane M. Dils, Esquire, respectfully prays Your Honorable Court to grant this Motion for Reconsideration. Respectfully submitted, '' ~. ,~ (. f~~-f~; ~ BY: Diane M. Dils, Esquire 1400 North Second Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 EXHIBIT "A" ~ T V r 1 ~1~ _.J i :.+u __._ g Y ~ Q.- ~ D.~TE i.!_ ~Q-U~ IN ~; IN THE COURT OF COMMON PLEAS OF JORDAN BRYCE SCHILLAWSKI CUMBERLAND COUNTY, PENNSYLVAtNIA ~~ ORPHANS' COURT DIVISION ~ o NO. 21-08-] 163 '=~-° ~' ~ ~ -~, -~, ~ ~-- _ ~ rn N -- -. IN RE: PETITION FOR REVOCATION OF GUARDIAN FOR A MIN4RU~`-~ `D _ --- ~ ~,-; ..ti ..;C~T~ V ;. -:, - ORDER = ' ~~ r.~ ~~ AND NOW, this ZQ ~ day of April, 2009, after hearing, the requirement that counsel ~ file briefs within thirty (30) days is herewith rescinded. It is ordered and directed that the guardianship of Cindy Rigg and Mark Houcl< as guardians of the person and the estate of the minor child, Jordan Bryce Schillawslci, entered November 25, 2008, is VACATED effective May 29, 2009. This order is entered without prejudice to Cindy Rigg and Mark Houck to: 1. File a custody action with regard to Jordan Bryce Schillawslci, born February 7, 2001; 2. Pending the resolution of the custody matter, to seek an emergency order granting them physical custody; 3. Seek a declaration from the appropriate court in the state of New York to the effect that the New York court declines to exercise exclusive, continuing jurisdiction over the custody of the child, Jordan; and/or 4. Seek any other appropriate relief. This order is entered without prejudice to the natural mother, Kristin Schillawski to: 1. Seek the modification of the existing custody order in the appropriate forum in New York State to grant her primary physical custody of the child, Jordan; 2. Object, preliminarily or otherwise, to any custody action filed in Pennsylvania on the basis of jurisdiction, standing or both; and/or 3. Seek any other appropriate relief. This order is entered with the understanding that, depending upon the nature of any action taken in the state of New York, the undersigned may communicate with a judge in that state. BY THE COURT, ~/ Kevin A. ess, J. Sarah Rosko Ceritified Legal Intern For the Petitioner Diane M. Dils, Esquire For Cindy Rigg and Mark Houck Julie Cooper, Esquire For Masonic Homes .:rlm VERIFICATION The undersigned, Diane M. Dils, Esquire, hereby verifies and states that: 1. She is the attorney for, Cindy Rigg and Marc Houck. 2. She is authorized to make this verification on Cindy Rigg and Marc Houck's behalf. 3. This verification is made by counsel pursuant to Pa.R.C.P. Rule 1024(c). 4. The statements set forth in the foregoing Motion for Reconsideration are true and correct to the best of her knowledge, information, and belief. 5. She is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Diane M. Dils, Esquire Date: May 13, 2009 'a CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the within Motion for Reconsideration has been served upon the following individuals, by first class, United States mail, by placing a copy of the same at the post office in Harrisburg, Pennsylvania, on this day of ~G~~ , 2009, addressed as follows: Sarah Rosko, Certified Legal Intern The Dickinson School of Law Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 Julie Cooper, Esquire Gingrich, Smith, Klingensmith & Dolan 222 S. Market St., Suite 201 Elizabethtown, PA 17022 Respectfully submitted, JJ// ,/ ,~ ~~~ BY: ~~~`Ci~ /~~-~ Diane M. Dils, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Date: May 13, 2009 RECEIPT FOR PAYMENT GLENDA FARNER STRASBAUGH Cumberland County - Orphans Court One Courthouse Square Carlisle, PA 17613-3387 SCHILLAWSKI JORDAN BRYCE Receipt Date: 5/19/2009 Receipt Time: 12:22:07 Receipt No.: 1039320 File Number: 2008-01163 Paid By Remarks: DIANE M DILS CJ ________________________ Receipt Distribution ------------------------ Fee/Tax Description Payment Amount Payee Name MOTION 15.00 CUMBERLAND COUNTY GENERAL FUN ---------------- Check# 3221 $15.00 Total Received......... $15.00